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HomeMy WebLinkAboutCity Council-Minutes-08/20/2019 City of Colleyville Page 1 City of Colleyville City Council Agenda City Hall 100 Main Street Colleyville, Texas 76034 817.503.1000 www.colleyville.com Tuesday, August 20, 2019 WORKSESSION 5:30 PM EXECUTIVE CONFERENCE ROOM THIRD FLOOR CALL TO ORDER WS-1 Discussion of the Roberts Road Rehabilitation Project WS-2 Discussion of the 2019 Citizen Survey WS-3 Discussion of the August 20, 2019, City Council regular agenda items 1. EXECUTIVE SESSION - In accordance with Texas Government Code, Chapter 551, Subchapter D Section 551.071 - Legal - Consultation with attorney on legal issues raised by items on the agenda Section 551.071 - Legal - Consultation with attorney regarding contemplated and/or pending litigation, including: • Glade Road eminent domain case for Parcel 150 Section 551.072 - Real Estate - Deliberate the purchase, exchange, lease, or value of real property for City facilities, including: • Acquisition of real property along Main Street • Acquisition of real property along SH26 Section 551.087 – Economic Development - Discuss or deliberate regarding commercial or financial information the City has received from business prospects the City seeks to have locate, stay, or expand in the City and with which the City is conducting economic development negotiations; deliberate the offer of a financial or other incentive to a business prospect REGULAR MEETING 7:30 P.M. CITY COUNCIL CHAMBERS City Council Agenda August 20, 2019 City of Colleyville Page 2 INVOCATION: Pastor Kyle Bauman, Bear Valley Church PLEDGE OF ALLEGIANCE: City Attorney Whitt Wyatt 2. EXECUTIVE SESSION READING AND PUBLIC HEARING: CONSIDER AND TAKE ANY ACTION(S) NECESSARY RELATIVE TO ITEMS DISCUSSED IN EXECUTIVE SESSION - RESOLUTION R-19-4410 3. ANNOUNCEMENTS, PROCLAMATIONS, AND PRESENTATIONS Announcements of civic and charitable events Presentation of calendar events and updates Announcements of awards and recognition In recognition of the donation made to the Colleyville Fire Department by Dustin and Jessie James - Chief Mark Cantrell and Mayor Richard Newton In recognition of the Featured Business of the Month - Mother Clucker, 7171 Colleyville Boulevard, Suite 109, David Oun, owner, with Mayor Richard Newton and Assistant City Manager Adrienne Lothery 4. CONSENT: READING AND PUBLIC HEARING- RESOLUTION R-19-4411 4a Approval of the minutes of the regular City Council meeting of July 16, 2019 4b Approval of the minutes of the regular City Council meeting of August 6, 2019 4c Approval of an amendment to the Professional Services Agreement with Freese and Nichols, Inc., amending the design parameters to include the upsizing of an existing waterline from Colleyville Boulevard to Steeplechase Drive, in an amount not to exceed $105,909, and authorizing the City Manager to execute the amendment 4d Approval of a Professional Services Agreement with Dannenbaum Engineering Corporation - Fort Worth, LLC, in an amount not to exceed $68,440, for the design of the L.D. Lockett Road at Precinct Line Road Right Turn Lane Addition Project, and authorizing the City Manager to execute the agreement 5. ITEMS NOT FOR CITY COUNCIL ACTION 5a Monthly Financial Report - July 31, 2019 5b Quarterly Performance Management Report City Council Agenda August 20, 2019 City of Colleyville Page 3 6. ORDINANCE(S): SECOND READING AND PUBLIC HEARING 6a Ordinance O-19-2088 Consideration of amendments to the Land Development Code, specifically: Chapter 3, Section 3.7 – Non-conforming Uses, Lots and Building, Subsection B – Non-conforming Lots of Record; Chapter 3, Section 3.24 – Schedule of Permitted Uses, Subsection G - Schedule of District Regulations; Chapter 3, Section 3.28 – Supplementary District Regulations; and, Chapter 9, Section 9.7 – Lots, Subsection G – Building Lines 6b Ordinance O-19-2089 Consideration of amendments to the Land Development Code, specifically Chapter 3, Section 3.26 – Fences, Free Standing Walls, and Screening Materials, Subsection E – Fence and Free Standing Wall Setback Requirements 7. TABLED: ORDINANCE(S) READING AND PUBLIC HEARING 7a Ordinance O-19-2086 Consideration of a zoning change from the AG Agricultural zoning district to the R-40 Single Family Residential zoning district on a portion of Lot 1R-2, Block 1, of the Mockingbird Hill Addition, located at 6260 Pool Road, Case ZC19-006 8. RESOLUTION(S): READING AND PUBLIC HEARING 8a Resolution R-19-4412 Consideration of a resolution supporting a change to the procedure for voting for candidates to serve on the Tarrant Appraisal District Board of Directors 9. TABLED: RESOLUTION(S) READING AND PUBLIC HEARING 9a Resolution R-19-4402 Request for a variance to certain provisions of Section 3.24.G, Schedule of District Regulations on Lot 1R2, Block 1, of the Mockingbird Hill Addition, located at 6260 Pool Road, Case VC19-001 10. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA City Council Agenda August 20, 2019 City of Colleyville Page 4 11. REPORTS Library Board Minutes - June 10, 2019 12. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR AUGUST 20, 2019 - READING AND PUBLIC HEARING - RESOLUTION R-19- 4413 13. ADJOURNMENT I hereby certify this agenda was posted on City Hall bulletin boards Friday, August 16, 2019 by 5:00 p.m. Christine Loven, TRMC City Secretary A quorum of any Colleyville board, commission, or committee may be present at this meeting. Any matter on this agenda may, at the discretion of the governing body, be opened for public comment and discussion. If you plan to attend this public meeting and have a disability that requires special accommodations, please advise the City Secretary at least 48 hours in advance at 817.503.1133, and reasonable accommodations will be made to assist you. City of Colleyville Page 1 City of Colleyville City Council Minutes City Hall 100 Main Street Colleyville, Texas 76034 817. 503.1000 www.colleyville.com Tuesday, August 20, 2019 City Council Chambers Mayor Richard Newton called the Colleyville City Council Worksession to order on Tuesday, August 20, 2019, at 5:30 p.m. ROLL CALL: Mayor Richard Newton, Mayor Pro Tem Bobby Lindamood, and Councilmembers Tammy Nakamura, Kathy Wheat, George Dodson, Chuck Kelley and Callie Rigney ALSO PRESENT: City Manager Jerry Ducay, Assistant City Manager Mark Wood, Assistant City Manager Adrienne Lothery, Fire Chief Mark Cantrell, Community Development Director Ben Bryner, Public Works Director Ray Silva-Reyes, Parks and Recreation Director Lisa Escobedo, Community Relations Specialist Erin Spicer, City Attorney Whitt Wyatt, and City Secretary Christine Loven WS-1 Discussion of the Roberts Road Rehabilitation Project Director of Public Works Ray Silva-Reyes presented this item. The project would provide for full reconstruction and minimal widening of Roberts Road from Glade Road, going north to the Colleyville city limit, curb and gutter along the entire east portion of the roadway and some areas along the west portion, and a right turn lane on Roberts Road feeding westbound onto Glade Road. Director Silva-Reyes stated the project does not address softening the curve on Roberts Road which is currently designated at 25 mph. Additionally, there is an opportunity for an interlocal agreement with the City of Grapevine to incorporate an emergency interconnect water meter. Director Silva-Reyes stated if the City enters into the ILA, the two-lane undivided roadway construction would continue into the City of Grapevine limits, south of the Heritage Cove intersection. There was general discussion regarding the road being constructed with one half concrete and one half asphalt, parking on Roberts Road, and the normal width of a subdivision street. City Council directed staff to use concrete, keep the curve at 25 mph, move forward with an ILA with Grapevine, and to review the Glade Road traffic study and report back to City Council regarding the turn lane on Glade Road. WS-2 Discussion of the 2019 Citizen Survey Assistant City Manager Adrienne Lothery presented this item, noting if the City Council moves forward, the proposed timeline would provide for the final results to be submitted and presented to City Council by the end of the year. City Council Minutes August 20, 2019 City of Colleyville Page 2 The City Council did not complete the review of the survey and will continue discussion at the next worksession. WS-3 Discussion of the August 20, 2019, City Council regular agenda items Mayor Newton stated he will plan to move agenda items 7a and 9a up on the agenda for consideration immediately following the consent resolution items. He distributed a copy of Resolution R-19-4412, noting there was a change in wording made. Mayor Newton adjourned the worksession at 6:32 p.m. Mayor Newton called the Executive Session to order at 6:40 p.m. and called the roll. ROLL CALL: Mayor Richard Newton, Mayor Pro Tem Bobby Lindamood, and Councilmembers Tammy Nakamura, Kathy Wheat, George Dodson, Chuck Kelley, and Callie Rigney. 1. EXECUTIVE SESSION - In accordance with Texas Government Code, Chapter 551, Subchapter D Section 551.071 - Legal - Consultation with attorney on legal issues raised by items on the agenda Section 551.071 - Legal - Consultation with attorney regarding contemplated and/or pending litigation, including: • Glade Road eminent domain case for Parcel 150 Section 551.072 - Real Estate - Deliberate the purchase, exchange, lease, or value of real property for City facilities, including: • Acquisition of real property along Main Street • Acquisition of real property along SH26 Section 551.087 – Economic Development - Discuss or deliberate regarding commercial or financial information the City has received from business prospects the City seeks to have locate, stay, or expand in the City and with which the City is conducting economic development negotiations; deliberate the offer of a financial or other incentive to a business prospect Mayor Newton explained the Executive Session had been called in accordance with the Texas Government Code, Chapter 551, Subchapter D, Section 551.071, Legal, Section 551.072, Real Estate, and Section 551.087, Economic Development. He further explained there would be no decisions made or action taken during this time. Executive Session was adjourned at 7:15 p.m. City Council Minutes August 20, 2019 City of Colleyville Page 3 The regular meeting of the Colleyville City Council was called to order by Mayor Newton at 7:33 p.m. INVOCATION: Pastor Kyle Bauman, Bear Valley Church PLEDGE OF ALLEGIANCE: City Attorney Whitt Wyatt 2. EXECUTIVE SESSION READING AND PUBLIC HEARING: CONSIDER AND TAKE ANY ACTION(S) NECESSARY RELATIVE TO ITEMS DISCUSSED IN EXECUTIVE SESSION - RESOLUTION R-19-4410 Mayor Newton read Resolution R-19-4410 in its entirety. Assistant City Manager Adrienne Lothery stated the proposed grants are for property improvements to the exterior of Kwik Kar, and interior space renovations to a leased space for reestablishment of Ruggeri’s Restaurant. Mayor Newton opened the public hearing at 7:39 p.m. There was no one present wishing to speak and Mayor Newton closed the public hearing at 7:40 p.m. Councilmember Nakamura made a motion to approve Resolution R-19- 4410, Mayor Pro Tem Lindamood seconded the motion. The motion to approve carried by the following vote: Ayes: 7 – Mayor Newton, Mayor Pro Tem Lindamood, Councilmembers Nakamura, Wheat, Dodson, Kelley, and Rigney 3. ANNOUNCEMENTS, PROCLAMATIONS, AND PRESENTATIONS Announcements of civic and charitable events Presentation of calendar events and updates Announcements of awards and recognition Mayor Newton and the City Council made the following announcements: Condolences - On behalf of the City Council and City staff, we extend our condolences to the family and friends of “Smokey” Vanover, who passed August 12, 2019. Smokey leaves behind a legacy of service, having a long career in law enforcement, Smokey retired from the Tarrant County District Attorney’s Office as a Criminal Investigator, he served on the Colleyville City Council from 1977-1983 and was Mayor Pro Tem from 1979-1983, he also served many City of Colleyville Committees to include the Ethics Commission, Bond Issue Committee, and the panel to hire a police chief. He took great pleasure in helping kids and serving his community with active involvement in the Colleyville Lions Club and won many City Council Minutes August 20, 2019 City of Colleyville Page 4 awards. He was also a Master Mason, Dallas Scottish Rite and member of the Provost Unit Moslah Shrine in Fort Worth. Our community is better for Smokey’s unselfish contributions. Fire Department CPR save: On August 8th at approximately 5:00 p.m. Medic 241 and Squad 24 responded to a cardiac arrest. Upon arrival they found a 71 year old male unresponsive. The crew immediately began life saving interventions including CPR and cardiac drug administration. After the resuscitation, Medic 241 transported the patient to Baylor Scott and White in Grapevine. The patient has been released and doing well at home. Special thank you to Colleyville Firefighters Braden Fargo, Robert Creamier, Engineer Dustin Wynn, Martin Mendoza, Bryan Wooten and Captain Jeremy Lewis. This is the 7th CPR save over the last 12 months. ISO Rating Reduced from 4 to 2 (It’s a Good Thing): A big congratulations is due for the work of our staff to reduce the City’s ISO rating from 4 to 2. The Insurance Services Office (ISO) of the State Fire Marshal evaluates the preparedness of a community to respond to fire emergencies. This evaluation process looks at the staffing, equipment, training, water supply and local regulations to rate the “Public Protection Class” of the city. The lower the score, the better the city is deemed able to handle fire emergencies. Mark Wood and Chief Cantrell stepped up to take on this rating process – one that had not been undertaken for decades. This rating is shared with the insurance industry and may result in premium savings for our local property owners. The new rating will take effect January 1, 2020. Fire Department Offering CPR Training: The Colleyville Fire Department will provide hands-only CPR and AED instruction on Saturday, September 14 from 9 to 10:30 a.m. at the Central Fire Station. This training will provide the essential skills that may save the life of someone in need of emergency services. The training is not a certification course and will not qualify you for a CPR certificate. No registration is necessary. Police welcome kids back to school: For kids in GCISD, school started yesterday (Monday). Our Colleyville Police Officers spent time visiting each school to make sure everyone was safe and to assist with traffic flow in the area. They will continue these visits throughout the year as part of their enhanced school safety plan. Colleyville Police also posted back to school tips on their social media accounts to help students and parents start the year out right. Public Works Tackles Major Water Main Break: On Wednesday August 14th, Public Works staff was notified of a water leak at the intersection McDonwell & Westcoat Drive at 2:30 pm. An 8-inch water main was damaged by a Contractor installing utilities using an underground boring process. Ten Public Works team members worked through the night to restore water service. During this event we were required to close the road and reroute traffic. The Police Department assisted City Council Minutes August 20, 2019 City of Colleyville Page 5 in providing traffic control. The City is fortunate to have a dedicated crew willing to work through the night to ensure the safety and reliability of our potable water supply. Bransford Road Resurfacing: Bransford resurfacing is currently underway with construction to continue through early September. We have experienced difficulty with one-way traffic. Public Works has added additional signage and the Police Department has increased patrols. The cooperation and patience from our residents is most appreciated. This project is undertaken in cooperation with Tarrant County. Labor Day Holiday Offices Closed: The City offices and Library will be closed on Monday, September 2nd for the Labor Day holiday. Trash will see normal collection schedules maintained. In recognition of the donation made to the Colleyville Fire Department by Dustin and Jessie James - Chief Mark Cantrell and Mayor Richard Newton Fire Chief Mark Cantrell and Mayor Newton welcomed Dustin and Jessie James and thanked them for the donation they made to the fire department in recognition of the department’s efforts to save their home from extensive damage. Chief Cantrell stated the donation was used to purchase ballistic vests and helmets for the department. Dustin and Jessie thanked the fire department for their exceptional service. In recognition of the Featured Business of the Month - Mother Clucker, 7171 Colleyville Boulevard, Suite 109, David Oun, owner, with Mayor Richard Newton and Assistant City Manager Adrienne Lothery Mayor Richard Newton and Assistant City Manager Adrienne Lothery welcomed David Own, owner of the Mother Clucker restaurant on Colleyville Boulevard and recognized the business at the featured business of the month. Mr. Oun thanked the Mayor and City Council for the recognition, encouraged everyone to dine at the restaurant, and provided deep fried treats, a Mother Clucker menu favorite. 4. CONSENT: READING AND PUBLIC HEARING- RESOLUTION R-19-4411 4a Approval of the minutes of the regular City Council meeting of July 16, 2019 4b Approval of the minutes of the regular City Council meeting of August 6, 2019 4c Approval of an amendment to the Professional Services Agreement with Freese and Nichols, Inc., amending the design parameters to include the upsizing of an existing waterline from Colleyville Boulevard to Steeplechase City Council Minutes August 20, 2019 City of Colleyville Page 6 Drive, in an amount not to exceed $105,909, and authorizing the City Manager to execute the amendment 4d Approval of a Professional Services Agreement with Dannenbaum Engineering Corporation - Fort Worth, LLC, in an amount not to exceed $68,440, for the design of the L.D. Lockett Road at Precinct Line Road Right Turn Lane Addition Project, and authorizing the City Manager to execute the agreement Mayor Newton read Resolution R-19-4411 in its entirety. Director of Public Works Ray Silva-Reyes briefed the City Council on items 4c and 4d. Director Silva-Reyes stated approval of the amendment to the Professional Services Agreement with Freese and Nichols, Inc. will provide for the upsizing of the waterline, which is part of the Water and Wastewater Master Plan, in conjunction with the Cheek-Sparger Road Project. By combining the projects, the City will maximize efficiency and funds. Director Silva-Reyes stated staff recommends approval of the Professional Services Agreement with Dannenbaum Engineering Corporation - Fort Worth, LLC. If approved, Dannenbaum will provide the design for adding a 12 foot wide right turn lane on L.D. Lockett Road, feeding traffic northbound on Precinct Line Road, for approximately 315 feet. The project will include paving, signal, pedestrian, and landscaping improvements. Councilmember Dodson asked staff if there will be an upgrade to the waterline along Cheek-Sparger Road. Director Silva-Reyes answered yes. Mayor Newton opened the public hearing at 8:03 p.m. There was no one present wishing to speak and Mayor Newton closed the public hearing at 8:03 p.m. Councilmember Dodson made a motion to approve Resolution R-19-4411, Councilmember Wheat seconded the motion. The motion to approve carried by the following vote: Ayes: 7 – Mayor Newton, Mayor Pro Tem Lindamood, Councilmembers Nakamura, Wheat, Dodson, Kelley, and Rigney. At 8:04 p.m., Mayor Newton stated the next item to be considered will be 7a, followed by item 9a, after which, he will return to item 5. At 9:54 p.m. Mayor Newton returned to begin consideration of the remaining agenda items, beginning with items 5a and 5b. City Council Minutes August 20, 2019 City of Colleyville Page 7 5. ITEMS NOT FOR CITY COUNCIL ACTION 5a Monthly Financial Report - July 31, 2019 Assistant City Manager Mark Wood reviewed the July financial report and noted this report marks 83% of the fiscal year. He stated the City is in great financial shape. Manager Wood stated the auditors are performing an interim audit at the City this week and will return for completion of the annual audit in November. Manager Wood reviewed all funds, stated the sales tax report is for 67% of the fiscal year as the report lags by two months. He noted sales tax revenue is being tracked and compared to 2017, there is one payment left on the debt service and all funds are sound. 5b Quarterly Performance Management Report Assistant City Manager Adrienne Lothery presented this item noting this is a third quarter review and highlighted for this period are emergency responses. 6. ORDINANCE(S): SECOND READING AND PUBLIC HEARING 6a Ordinance O-19-2088 Consideration of amendments to the Land Development Code, specifically: Chapter 3, Section 3.7 – Non-conforming Uses, Lots and Building, Subsection B – Non-conforming Lots of Record; Chapter 3, Section 3.24 – Schedule of Permitted Uses, Subsection G - Schedule of District Regulations; Chapter 3, Section 3.28 – Supplementary District Regulations; and, Chapter 9, Section 9.7 – Lots, Subsection G – Building Lines Mayor Newton read the caption of Ordinance O-19-2088. Community Development Director Ben Bryner presented this item. Director Bryner stated following discussion at the August 6, 2019 meeting, City Council directed staff to make some minor changes to the Schedule of District Regulations table and to modify the language for Non-Conforming Lots of Record. He stated these modifications have been made and are reflected in the attachments and he reviewed each in detail. Mayor Newton opened the public hearing at 10:22 p.m. There was no one present wishing to speak and Mayor Newton closed the public hearing at 10:22 p.m. Councilmember Kelley made a motion to approve Ordinance O-19-2088, Councilmember Rigney seconded the motion. City Council Minutes August 20, 2019 City of Colleyville Page 8 The motion to approve carried by the following vote: Ayes: 7 – Mayor Newton, Mayor Pro Tem Lindamood, Councilmembers Nakamura, Wheat, Dodson, Kelley, and Rigney 6b Ordinance O-19-2089 Consideration of amendments to the Land Development Code, specifically Chapter 3, Section 3.26 – Fences, Free Standing Walls, and Screening Materials, Subsection E – Fence and Free Standing Wall Setback Requirements Mayor Newton read the caption of Ordinance O-19-2089. Community Development Director Ben Bryner presented this item, noting City Council directed changes at the first reading regarding non-conforming fences and walls, and these changes have been made. Mayor Newton opened the public hearing at 10:27 p.m. There was no one present wishing to speak and Mayor Newton closed the public hearing at 10:27 p.m. Councilmember Dodson made a motion to approve Ordinance O-19-2089, Mayor Pro Tem Lindamood seconded the motion. The motion to approve carried by the following vote: Ayes: 7 – Mayor Newton, Mayor Pro Tem Lindamood, Councilmembers Nakamura, Wheat, Dodson, Kelley, and Rigney Mayor Newton began consideration of item 7a at 8:06 p.m. 7. TABLED: ORDINANCE(S) READING AND PUBLIC HEARING 7a Ordinance O-19-2086 Consideration of a zoning change from the AG Agricultural zoning district to the R-40 Single Family Residential zoning district on a portion of Lot 1R-2, Block 1, of the Mockingbird Hill Addition, located at 6260 Pool Road, Case ZC19-006 Mayor Pro Tem Lindamood made a motion to remove Ordinance O-19-2086 from the table, Councilmember Rigney seconded the motion. The motion to remove Ordinance O-19-2086 from the table was carried by the following vote: Ayes: 7 – Mayor Newton, Mayor Pro Tem Lindamood, Councilmembers Nakamura, Wheat, Dodson, Kelley, and Rigney City Council Minutes August 20, 2019 City of Colleyville Page 9 Mayor Newton read the caption of Ordinance O-19-2086. Community Development Director Ben Bryner presented this item, noting the opposition remains at 20.61%, which will require a super majority vote. Director Bryner stated since the July 16, 2019, meeting, the applicant has communicated with City staff and is still agreeable with the RE zoning with variances to the side setbacks. The proposed setbacks are 22 feet from the south property line and 15 feet from the north property line. Director Bryner stated the ordinance has been updated to reflect the proposed setbacks. Mayor Newton stated he wanted to clarify the progression of this item. He stated the Hills originally came in with an R-40 zoning request, the City Council, based on their strategy for the City and the Master Plan, preferred not to have R-40, on a piece of property which could be divided in the future. Mayor Newton said this Council prefers to maintain the integrity of zoning, and in this case, Residential Estate is applicable to the acreage and will not allow for sub-dividing. Mayor Newton asked Mr. Hill if he would agree to RE zoning and he consented with the understanding he needed side yard variances. At the meeting of July 16, 2019, there was opposition to the request and after hearing all parties, the item was tabled to this meeting on August 20. Mayor Newton stated the only control the City has regarding where an owner places a home on the property is through the setbacks. Mayor Newton opened the public hearing at 8:15 p.m. Landon H. Thompson, Law Office of John Meazell, 1400 Gables Court, Plano, TX, representing Jim and Sherry Jacobi, 6250 Pool Road, stated the Jacobi’s have concerns regarding the proposed size and location of the house, the view from their backyard will be to see a garage, and the 25-foot setbacks needs to be maintained as the applicant is asking for an unnecessary exception. Mr. Thompson provided suggested design changes which would be more agreeable to his clients. Amy Griffith, 429 Ben Boyd Road, Argyle, spoke in opposition to this item stating she is an arborist and Mrs. Jacobi hired her to conduct a tree survey on her property. There are 16 mature post oaks which are protected trees, and five Heritage Oaks along the fence line. Ms. Griffith discussed the tree canopies, root depth, and life expectancy of the trees and stated construction will negatively impact the trees. At the request of Councilmember Wheat, Ms. Griffith provided her report to the City Council which has been filed with the agenda packet for August 20, 2019. Sherry Jacobi, 6250 Pool Road, spoke in opposition to this item, reading a prepared statement which has been filed with the agenda packet for August 20, 2019. Mrs. Jacobi provided a history of the ownership of the home at 6250 Pool Road, discussed the gate between the properties at 6250 and 6260 Pool Road, stated her City Council Minutes August 20, 2019 City of Colleyville Page 10 objections which included damage to trees, the location and size of the proposed home at 6260 Pool Road, and the view from her property. There were no others wishing to speak and Mayor Newton closed the public hearing at 8:26 p.m. Mayor Newton called on applicant Bryan Hill and asked if he understood the City Council could only control the zoning and setbacks and asked if he wanted to make any comments. Mr. Hill stated he has clarified ownership of the property, replatted for a single home and agrees the property should not be allowed to be sub-divided, had originally came before City Council with an R-40 request and when City Council asked for his consideration of the RE he agreed but stated it would be with the understanding he would seek a variance to the setbacks. He stated there was a great deal of consideration given to the design of the home and he felt they had been diligent in locating the home where it would be the least invasive to the neighbors. He further explained that due to the location of the well, the driveway nor the home could be moved within the lot. Mr. Hill also stated his lot has over 170 trees and he has retained a consultant to develop a remediation plan and believes tree damage will be greatly diminished by using common sense and a qualified arborist. Councilmember Nakamura asked Mr. Hill if he is adding a well or if it is already in place and if he will continue to use an arborist. Mr. Hill replied the well was already on the property and he will continue to use the arborist. Mayor Newton stated he and City Council are trying to find a solution which is equitable to all. He sees the first option is to approve the RE zoning with a “notch out” variance to the setbacks so the entire lot is not impacted. Mayor Newton then asked Mr. Hill if he had spoken with any of the other neighbors. Mr. Hill replied he heard the Mayor and Council loud and clear regarding working with the neighbors and had spoken with Chris Putnam who has withdrawn his objections, and the other neighbors also agree. Mr. Hill further stated he has offered to put up a privacy fence and move the house forward, but the Jacobi’s rejected the offers. Mr. Hill stated he would now like a 10 foot variance on both side yard setbacks. Mr. Thompson stated the Jacobi’s do not understand why a variance is necessary because they see Mr. Hill’s request as a whim and they are concerned for their trees. Mayor Newton stated the variances are necessary because the setbacks needed are not accommodated in straight RE, but would not be needed in straight R-40. City Council Minutes August 20, 2019 City of Colleyville Page 11 Councilmember Wheat asked Mayor Newton to confirm if Mr. Hill’s first request was R-40 and met all the conditions, but it was City Council who asked for the RE, and Mr. Hill agreed with the understanding he would need the variance. Mayor Newton agreed and asked Mr. Thompson what would be the best solution for his client, RE zoning with a 3 foot “notch out” variance or the R-40 with a 15 foot set back with no variance. There was discussion between the City Council, Mr. Thompson, Mrs. Jacobi, and Mr. Hill regarding the location of the driveway, trees, and a privacy fence. Mayor Pro Tem Lindamood gave a recap of the history of the property at 6250 Pool Road, including when the house was built, a garage added, and the number of trees removed. Mrs. Jacobi advised the City Council, they purchased their home after all of the changes to the lot and home were made. Councilmember Nakamura asked Mrs. Jacobi why she is unwilling to work with Mr. Hill. Mrs. Jacobi responded because she believes he will kill her landscape which is expensive to replace. Mayor Newton asked Mr. Thompson to advise what would be agreeable to his clients. Mr. Thompson asked for a recess to confer with Mrs. Jacobi and allow time for Mrs. Jacobi to call Mr. Jacobi before answering. Mayor Newton declared a recess at 9:21 p.m. and reconvened at 9:31 p.m. Mr. Thompson stated his clients would agree to the RE zoning, a live fence buffer, and a three foot “notch out” variance on the south. Mr. Hill stated he wanted a 10 foot variance on each side. Mayor Newton stated this Ordinance is for the zoning, the following resolution will provide for the variance. Mayor Pro Tem Lindamood made a motion to approve Ordinance O-19- 2089 approving RE zoning, Councilmember Nakamura seconded the motion. The motion to approve carried by the following vote: Ayes: 7 – Mayor Newton, Mayor Pro Tem Lindamood, Councilmembers Nakamura, Wheat, Dodson, Kelley, and Rigney City Council Minutes August 20, 2019 City of Colleyville Page 12 8. RESOLUTION(S): READING AND PUBLIC HEARING 8a Resolution R-19-4412 Consideration of a resolution supporting a change to the procedure for voting for candidates to serve on the Tarrant Appraisal District Board of Directors Mayor Newton read Resolution R-19-4412 in its entirety. Mayor Newton stated the purpose of this resolution is to gather support for a more consistent and equitable process for taxing entities to cast ballots for directors to serve on the TAD Board. Mayor Newton opened the public hearing at 10:35 p.m. Daniel Bennett, 408 Pemberton, White Settlement, spoke regarding the significance of the resolution being the first small step for smaller cities to promulgate change. Mr. Bennett noted he ran for the TAD Board in 2017 and saw first-hand the need for change. As cities adopt this resolution, it will be presented in Austin and a vote will be taken by the taxing entities in Tarrant County to change the process. There were no others present wishing to speak and Mayor Newton closed the public hearing at 10:45 p.m. Councilmember Dodson made a motion to approve Resolution R-19-4412, Councilmember Rigney seconded the motion. The motion to approve carried by the following vote: Ayes: 7 – Mayor Newton, Mayor Pro Tem Lindamood, Councilmembers Nakamura, Wheat, Dodson, Kelley, and Rigney. This item was considered following item 7a at 9:38 p.m. 9. TABLED: RESOLUTION(S) READING AND PUBLIC HEARING 9a Resolution R-19-4402 Request for a variance to certain provisions of Section 3.24.G, Schedule of District Regulations on Lot 1R2, Block 1, of the Mockingbird Hill Addition, located at 6260 Pool Road, Case VC19-001 Councilmember Kelley made a motion to remove Resolution R-19-4402 from the table, Councilmember Dodson seconded the motion. City Council Minutes August 20, 2019 City of Colleyville Page 13 The motion to remove Resolution R-19-4402 from the table was carried by the following vote: Ayes: 7 – Mayor Newton, Mayor Pro Tem Lindamood, Councilmembers Nakamura, Wheat, Dodson, Kelley, and Rigney Mayor Newton read Resolution R-19-4402 in its entirety. Mayor Newton stated this resolution is the companion to Ordinance O-19-2086, which was considered by the City Council and stated Section 3 of the resolution defines the variance should be limited to the structure and not the entire lot. Mayor Newton stated the City Council cannot control the fence screening. Mr. Hill stated he will put in a fence with some level of foliage screening to assist in separating the properties. Mayor Newton opened the public hearing at 9:53 p.m. There was no one present wishing to speak and Mayor Newton closed the public hearing at 9:53 p.m. Councilmember Wheat made a motion to approve Resolution R-19-4402, Councilmember Dodson seconded the motion. The motion to approve carried by the following vote: Ayes: 7 – Mayor Newton, Mayor Pro Tem Lindamood, Councilmembers Nakamura, Wheat, Dodson, Kelley, and Rigney 10. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA Kathleen Hennessey, 5013 Stonebridge Drive, spoke regarding Ruggeri’s Restaurant, the designation of Heritage trees, and an Oak tree which has not been replaced on Cherry Lane. 11. REPORTS Library Board Minutes - June 10, 2019 There was no discussion of this item. 12. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR AUGUST 20, 2019 - READING AND PUBLIC HEARING - RESOLUTION R-19-4413 This resolution was not needed. City Council Minutes August 20, 2019 City of Colleyville Page 14 13. ADJOURNMENT There being no further business before the City Council, Mayor Newton adjourned the meeting without objection by the City Council at 10:55 p.m. APPROVED BY A VOTE OF 7 AYES, 0 NAYS, ON THIS THE 3RD DAY OF SEPTEMBER 2019. Minutes taken and prepared by: Christine Loven, TRMC City Secretary